Ranked in 1 Practice Areas
3

Band 3

Public Procurement

Poland

11 Years Ranked

About

Provided by Piotr Kunicki

Europe

Practice Areas

Kunicki | Law Business Firm |, provides advice on public procurement law, construction contracts (EPC, EPCM), (FIDIC, NEC, tailor-made contracts), LTSA service contracts, contract consulting and out-of-court dispute resolution. I specialize in public procurement law, construction law, commercial law and real estate law. For over 15 years I have been recognized as a leading lawyer in Poland in public procurement law advice, especially in contentious matters reviewed before the National Chamber of Appeals and circuit courts.

My experience includes advising on the creation of consortiums of contractors, awarding group and intra-group contracts, preparing public procurement regulations, as well as participation in due diligence and transformation of companies covered by public procurement regulations or participating in tenders as contractors. I also advise contractors and ordering parties during the construction process, both pre-trial and during court proceedings. Since 2005, I have been regularly representing contractors and ordering parties, including: from the construction, medical, pharmaceutical, IT, telecommunications, national security, infrastructure and energy industries before the National Chamber of Appeals (formerly Panels of Arbitrators) and District Courts.

Chambers Europe 2020 - 2024 Public Procurement Band 3. "Clients admire his diligence, one underlining his "meticulous preparation of pleadings and creative approach to cases." The Legal 500 (EMEA) - Next Generation Partner in Construction (Poland). "One word: Piotr Kunicki. Not sure exactly what goes on behind the scenes, because Piotr does a fantastic job of managing the client interface and ensuring all of the support we need is either seamlessly managed or quickly followed up"

I am the author of the publication entitled “Development Agreement. Legal nature and practical application" published in 2014 by C.H. Beck. I defended my doctoral thesis at the Institute of Legal Sciences of the Polish Academy of Sciences "Legal character of a development contract".

Professional Memberships

Attorney-at-Law, Poland, 2014

Languages Spoken

Polish, English fluent

Work Highlights

• Advising RUBAU Polska Sp. z o. o. and Construcciones RUBAU SA in procurement procedures conducted by GDDKiA for "Design and construction of the S10 Bydgoszcz-Toruń expressway, section 4 from the Toruń Zachód junction to the Toruń Południe junction" and "Design and construction of the S19 Białystok - Lubartów, Kock expressway (beginning ring road) - Lubartów in Lubartów Północ, section 2 Kock (end of the Wola Skromowska bypass) - w. Lubartów Północ (without the junction) with a length of approx. 15.824 km", "Construction of the S1 Pyrzowice - Podwarpie expressway (stage III, excluding section I w. Pyrzowice - w. Lotnisko), including representation before the National Chamber of Appeal leading to obtaining by the client of two strategic contracts.

• Advising Polskie Zakłady Lotnicze w Mielec (PZL Mielec) from the Lockheed Martin group in proceedings for the delivery of a total of 5 helicopters for the needs of the Anti-Terrorist Operations Office under a single-source procurement procedure, including two representations before the National Appeals Chamber against, completed with the award of a contract to PZL Mielec in a precedent case for the public procurement regime;

• advising the winning contractor in the proceedings regarding participation in negotiations on the anti-missile and anti-aircraft medium-range missile system project "Wisła" (worth over PLN 25 billion) including strategy advice and offset law advice;

• Advising PUT Intercor Sp. z o. o., Stecol Corporation and Sinohydro Corporation, representation before the National Chamber of Appeals and the District Court in a case worth PLN 4 billion for PKP PLK S.A. "Construction works on the Czyżew - Białystok section from km 107.260 to km 178.500 as part of the project "Works on the E75 line on the Czyżew - Białystok section" in which effect the client was awarded a contract for the execution of historically high value contract in the railway sector.

• Advising and representation before the National Chamber of Appeal and the District Court of Integrale IT Sp. z o. o. in the proceedings conducted by the Institute of Bioorganic Chemistry of the Polish Academy of Sciences - Poznań Supercomputing and Networking Center for "successful delivery to high-power computer centers and urban computer network units of a computing system and a data storage system along with installation and integration", as well as advice and representation in numerous other public procurement proceedings in which effect the client was awarded a strategic contract for the execution of an innovative project in the IT sector;

• Advising AŽD Praha s.r.o. in numerous proceedings for the development of railway lines in the field of railway control systems, including representation before the National Appeals Chamber in the contract award procedure for "Design and construction of traffic control and signaling devices and railway telecommunications network devices on the Słonice - Szczecin Dąbie section (LCS Stargard) in as part of the CEF project "Works on the E59 railway line on the Poznań Główny - Szczecin Dąbie section" in which effect the client entered the Polish market;

• Advice during the contract award procedure and representation before the National Appeals Chamber and the District Court. Consortium: CGI Information Systems and Management Consultants (Polska) Sp. z o. o., CGI IT Czech Republic s.r.o., CGI Suomi Qy and CGI Nederland B.V. in proceedings conducted by Polskie Sieci Elektroenergetyczne S.A. Two consortiums of contractors submitted final offers for the implementation of CSIRE. The order includes design and implementation works, software, hardware platform, option rights and system maintenance services (CSiRE) worth over PLN 300 million;

• Advising and representation before the National Board of Appeal of the Consortium of Instal Warszawa and Dalkia Wastenergy in the proceedings conducted by Krośnieński Holding Komunalny for the "Construction of an Energy Unit for residues from sorting municipal waste implemented as part of the project "Integrated waste and energy management system in the Southern Region of the Podkarpackie Voivodeship - II stage"

• Advising Polskie LNG S.A. as part of the implementation of a group of orders for the design and construction of an LNG liquefied natural gas terminal in Świnoujście for Polskie LNG S.A. (selection of a designer, technical advisor, General Contractor, insurer), as well as advice on the performance of these contracts, including advice in arbitration proceedings regarding the selection of the most advantageous offer and rejection of the offer of one of the contractors, as well as during the process of expanding the LNG Terminal in 2018 - 2023;

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Public Procurement

Piotr Kunicki
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Piotr Kunicki
3
Band 3